The statute of limitations in the Tucker Act, 28 U.S.C. §2501, provides: “Every claim of which the United States Court of Federal Claims has jurisdiction shall be barred unless the petition thereon is filed within six years after such claim first accrues.” The question presented is:Whether the statute of limitations in the Tucker Act limits the subject matter jurisdiction of the Court of Federal Claims.

The Supreme Court, in the only ruling on the merits
Tuesday, decided that the U.S. Court of Appeals for the Federal Circuit
must always consider whether cases making claims against thefederal
government were filed on time, even if the federal government has
waived that issue. The 7-2 ruling came in the case of John R. Sand
& Gravel v. U.S. (06-1164).